and wish to impart. On this occasion, I con- On the seventh of June, Mr. Henry again continued his remarks. | free and independent, and have certain inherent rights, of which, when they enter into society, they cannot, by any compact, deprive or divest their posterity. We have a set of maxims of the same spirit, which must be beloved by every friend to liberty, to virtue, to mankindour bill of rights contains those admirable maxims. Now, sir, I say, let us consider whether the picture given of American affairs ought to drive us from those beloved maxims. The honorable gentleman (Mr. Randolph) has said, that it is too late in the day for us to reject this new plan. That system which was once execrated by the honorable member, must now be adopted, let its defects be ever so glaring. That honorable member will not accuse me of want of candor, when I cast in my mind what he has given the public,* and compare it to what has happened since. It seems to me very strange and unaccountable, that what was the object of his execration should now receive his encomiums. Something extraordinary must have operated so great a change in his opinion. It is too late in the day! Gentlemen must excuse me, if they should declare again and again, that it is too late, and I should think differently. I never can believe, sir, that it is too late to save all that is precious. If it be proper, and, independently of every external consideration, wisely constructed, let us receive it: but, sir, shall its adoption by eight States induce us to receive it, if it be replete with the most dangerous defects? They urge, that subsequent amendments are safer than previous amendments, and that they will answer the same ends. At present, we have our liberties and our privileges in our own hands. Let us not relinquish them. Let us not adopt this system till we see them secured. There is some small pos MR. CHAIRMAN: I have thought, and still think, that a full investigation of the actual sitnation of America ought to precede any decision on this great and important question. That government is no more than a choice among evils, is acknowledged by the most intelligent among mankind, and has been a standing maxim for ages. If it be demonstrated, that the adoption of the new plan is a little or a trifling evil, then, sir, I acknowledge that adoption ought to follow: but, sir, if this be a truth, that its adoption may entail misery on the free people of this country, I then insist, that rejection ought to follow. Gentlemen strongly urge that its adoption will be a mighty benefit to us: but, sir, I am made of such incredulous materials, that assertions and declarations do not satisfy me. I must be convinced, sir. I shall retain my infidelity on that subject till I see our liber-sibility, that should we follow the conduct of ties secured in a manner perfectly satisfactory to my understanding. There are certain maxims, by which every wise and enlightened people will regulate their conduct. There are certain political maxims, which no free people ought ever to abandon: maxims, of which the observance is essential to the security of happiness. It is impiously irritating the avenging hand of Heaven, when a people, who are in the full enjoyment of freedom, launch out into the wide ocean of human affairs, and desert those maxims which alone can preserve liberty. Such maxims, humble as they are, are those only which can render a nation safe or formidable. Poor little humble republican maxims have attracted the admiration and engaged the attention of the virtuous and wise in all nations, and have stood the shock of ages. We do not now admit the validity of maxims which we once delighted in. We have since adopted maxims of a different, but more refined nature; new maxims, which tend to the prostration of republicanism. Massachusetts, amendments might be obtained. There is a small possibility of amending any government: but, sir, shall we abandon our inestimable rights, and rest their security on a mere possibility? The gentleman fears the loss of the Union. If eight States have ratified it unamended, and we should rashly imitate their precipitate example, do we not thereby disunite from several other States? Shall those who have risked their lives for the sake of union, be at once thrown out of it? If it be amended, every State will accede to it; but by an imprudent adoption in its defective and dangerous state, a schism must inevitably be the consequence; I can never, therefore, consent to hazard our unalienable rights on an absolute uncertainty. You are told there is no peace, although you fondly flatter yourselves that all is peace-no peace; a general cry and alarm in the country; commerce, riches and wealth vanished; citizens going to seek comforts in other parts of the world; laws insulted; many in * Alluding to Mr. Randolph's letter on that subject, to the We have one, sir, that all men are by nature Speaker of the House of Delegates. stances of tyrannical legislation. These things, sir, are new to me. He has made the discovery. As to the administration of justice, I believe that failures in commerce, &c., cannot be attributed to it. My age enables me to recollect its progress under the old government. I can justify it by saying, that it continues in the same manner in this State, as it did under the former government. As to other parts of the continent, I refer that to other gentlemen. As to the ability of those who administer it, I believe they would not suffer by a comparison with those who administered it under the royal authority. Where is the cause of complaint if the wealthy go away? Is this, | added to the other circumstances, of such enormity, and does it bring such danger over this commonwealth, as to warrant so important and so awful a change, in so precipitate a manner? As to insults offered to the laws, I know of none. In this respect I believe this commonwealth would not suffer by a comparison with the former government. The laws are as well executed, and as patiently acquiesced in, as they were under the royal administration. Compare the situation of the country; compare that of our citizens to what they were then, and decide whether persons and property are not as safe and secure as they were at that time. Is there a man in this commonwealth, whose person can be insulted with impunity? Cannot redress be had here for personal insults or injuries, as well as in any part of the world; as well as in those countries where aristocrats and monarchs triumph and reign? Is not the protection of property in full operation here? The contrary cannot, with truth, be charged on this commonwealth. Those severe charges which are exhibited against it, appear to me totally groundless. On a fair investigation, we shall be found to be surrounded by no real dangers. We have the animating fortitude and persevering alacrity of republican men, to carry us through misfortunes and calamities. 'Tis the fortune of a republic to be able to withstand the stormy ocean of human vicissitudes. I know of no danger awaiting us. Public and private security are to be found here in the highest degree. Sir, it is the fortune of a free people not to be intimidated by imaginary dangers. Fear is the passion of slaves. Our political and natural hemispheres are now equally tranquil. Let us recollect the awful magnitude of the subject of our deliberation. Let us consider the latent consequences of an erroneous decision, and let not our minds be led away by unfair misrepresentations and uncandid suggestions. There have been many instances of uncommon lenity and temperance used in the exercise of power in this commonwealth. I could call your recollection to many that happened during the war and since, but every gentleman here must be apprised of them. The honorable member has given you an elaborate account of what he judges tyrannical legislation, and an ex post facto law in the case of Josiah Phillips. He has misrepresented the facts. That man was not executed by a tyrannical stroke of power; nor was he a Socrates. He was a fugitive murderer and an outlaw; a man who commanded an infamous banditti, at a time when the war was at the most perilous stage. He committed the most cruel and shocking barbarities. He was an enemy to the hu man name. Those who declare war against the human race, may be struck out of existence as soon as they are apprehended. He was not executed according to those beautiful legal ceremonies which are pointed out by the laws, in criminal cases. The enormity of his crimes did not entitle him to it. I am truly a friend to legal forms and methods; but, sir, the occasion warranted the measure. A pirate, an outlaw, or a common enemy to all mankind, may be put to death at any time. It is justified by the laws of nature and nations. The honorable member tells us then, that there are burnings and discontents in the hearts of our citizens in general, and that they are dissatisfied with their government. I have no doubt the honorable member believes this to be the case, because he says so. But I have the comfortable assurance, that it is a certain fact, that it is not so. The middle and lower ranks of people have not those illumined ideas which the well-born are so happily possessed of; they cannot so readily perceive latent objects. The microscopic eyes of modern statesmen can see abundance of defects in old systems; and their illumined imaginations discover the necessity of a change. They are captivated by the parade of the number ten; the charms of the ten miles square. Sir, Í fear this change will ultimately lead to our ruin. My fears are not the force of imagination; they are but too well founded. I tremble for my country: but, sir, I trust, I rely, and I am confident, that this political speculation has not taken so strong a hold of men's minds as some would make us believe. The dangers which may arise from our geographical situation, will be more properly considered a while hence. At present, what may be surmised on the subject, with respect to the adjacent States, is merely visionary. Strength, sir, is a relative term. When I reflect on the natural force of those nations that might be induced to attack us, and consider the difficulty of the attempt and uncertainty of the success, and compare thereto the relative strength_of our country, I say that we are strong. We have no cause to fear from that quarter; we have nothing to dread from our neighboring States. The superiority of our cause would give us an advantage over them, were they so unfriendly or rash as to attack us. As to that part of the community which the honorable gentleman spoke of as in danger of being separated from us, what incitement or inducement could its inhabitants have to wish such an event? It is a matter of doubt whether they it. I desire to have nothing to do with such men as will obstinately refuse to change their opinions. Are our opinions not to be regarded? I hope that you will recollect that you are going to join with men who will pay no respect even to this State. would derive any advantage to themselves, or | tions of others? Sir, were there nothing obbe any loss to us by such a separation. Time jectionable in it but that, I would vote against has been, and may yet come, when they will find it their advantage and true interest to be united with us. There is no danger of a dismemberment of our country, unless a constitution be adopted which will enable the government to plant enemies on our backs. By the confederation, the rights of territory are se- Switzerland consists of thirteen cantons excured. No treaty can be made without the pressly confederated for national defence. They consent of nine States. While the consent of have stood the shock of four hundred years: nine States is necessary to the cession of terri- that country has enjoyed internal tranquillity tory, you are safe. If it be put in the power most of that long period. Their dissensions of a less number, you will most infallibly lose have been, comparatively to those of other the Mississippi. As long as we can preserve countries, very few. What has passed in the our unalienable rights, we are in safety. This neighboring countries? wars, dissensions and innew constitution will involve in its operation trigues-Germany involved in the most deplorathe loss of the navigation of that valuable river. ble civil war thirty years successively, continualThe honorable gentleman cannot be ignorant of ly convulsed with intestine divisions, and harthe Spanish transactions. A treaty had been assed by foreign wars-France with her mighty nearly entered into with Spain, to relinquish monarchy perpetually at war. Compare the that navigation, and that relinquishment would peasants of Switzerland with those of any other absolutely have taken place, had the consent of mighty nation; you will find them far more seven States been sufficient. The honorable happy: for one civil war among them, there gentleman told us then, that eight States hav- have been five or six among other nations: ing adopted this system, we cannot suppose their attachment to their country, and to freethey will recede on our account. I know not dom, their resolute intrepidity in their defence, what they may do; but this I know, that a the consequent security and happiness which people of infinitely less importance than those they have enjoyed, and the respect and awe of Virginia, stood the terror of war. Ver- which these things produced in their bordering mont, sir, withstood the terror of thirteen nations, have signalized those republicans. States. Maryland did not accede to the con- Their valor, sir, has been active; every thing federation till the year 1781. These two States, that sets in motion the springs of the human feeble as they are, comparatively to us, were heart, engaged them to the protection of their not afraid of the whole Union. Did either of inestimable privileges. They have not only sethese States perish? No, sir, they were admit-cured their own liberty, but have been the arted freely into the Union. Will not Virginia biters of the fate of other people. Here, sir, then be admitted? I flatter myself that those contemplate the triumph of republican governStates who have ratified the new plan of gov-ments over the pride of monarchy. I acknowernment will open their arms and cheerfully receive us, although we should propose certain amendments as the conditions on which we would ratify it. During the late war, all the States were in pursuit of the same object. To obtain that object, they made the most strenuous exertions. They did not suffer trivial considerations to impede its acquisition. Give me leave to say, that if the smallest States in the Union were admitted into it, after having unreasonably procrastinated their accession, the greatest and most mighty State in the Union will be easily admitted, when her reluctance to an immediate accession to this system is founded on the most reasonable grounds. When I call this the most mighty State in the Union, do I not speak the truth? Does not Virginia surpass every State in the Union, in number of inhabitants, extent of territory, felicity of position, and affluence and wealth? Some infatuation hangs over men's minds, that they will inconsiderately precipitate into measures the most important, and give not a moment's deliberation to others, nor pay any respect to their opinions. Is this federalism? Are these the beloved effects of the federal spirit, that its votaries will never accede to the just proposi ledge, sir, that the necessity of national defence has prevailed in invigorating their councils and arms, and has been, in a considerable degree, the means of keeping these honest people together. But, sir, they have had wisdom enough to keep together and render themselves formidable. Their heroism is proverbial. They would heroically fight for their government, and their laws. One of the illumined sons of these times would not fight for those objects. Those virtuous and simple people have not a mighty and splendid president, nor enormously expensive navies and armies to support. No, sir, those brave republicans have acquired their reputation no less by their undaunted intrepidity, than by the wisdom of their frugal and economical policy. Let us follow their example, and be equally happy. The honorable member advises us to adopt a measure which will destroy our bill of rights: for, after hearing his picture of nations, and his reasons for abandoning all the powers retained to the States by the confederation, I am more firmly persuaded of the impropriety of adopting this new plan in its present shape. I had doubts of the power of those who went to the convention; but now we are possessed of it, let us examine it. When we trusted the | ours on the ocean, or that nations, whose int great object of revising the confederation to ests come in contrast with ours, in the progr the greatest, the best and most enlightened of of their guilt, will perpetrate the vilest expe our citizens, we thought their deliberations ents to exclude us from a participation in co would have been solely confined to that revi-mercial advantages? Does he advise us, sion. Instead of this, a new system, totally order to avoid this evil, to adopt a constituti different in its nature, and vesting the most ex- which will enable such nations to obtain th tensive powers in Congress, is presented. Will ends by the more easy mode of contaminati the ten men you are to send to Congress, be the principles of our senators? Sir, if our s more worthy than those seven were? If power ators will not be corrupted, it will be beca grew so rapidly in their hands, what may it not they will be good men; and not because do in the hands of others? If those who go constitution provides against corruption; from this State will find power accompanied there is no real check secured in it, and with temptation, our situation must be truly most abandoned and profligate acts may w critical. When about forming a government, impunity be committed by them. if we mistake the principles, or commit any other error, the very circumstance promises that power will be abused. The greatest caution and circumspection are therefore necessary; nor does this proposed system in its investigation here, deserve the least charity. The honorable member says, that the national government is without energy. I perfectly agree with him: and when he cried out union, I agreed with him: but I tell him not to mistake the end for the means. The end is union; the most capital means, I suppose, are an army and navy: on a supposition I will acknowledge this; still the bare act of agreeing to that paper, though it may have an amazing influence, will not pay our millions. There must be things to pay debts. What these things are, or how they are to be produced, must be determined by our political wisdom and economy.. The honorable gentleman alleges, that previous amendments will prevent the junction of our riches from producing great profits and emoluments, (which would enable us to pay our public debts,) by excluding us from the Union. I believe, sir, that a previous ratification of a system notoriously and confessedly defective, will endanger our riches, our liberty, our all. Its defects are acknowledged; they cannot be denied. The reason offered by the honorable gentleman for adopting this defective system, is the adoption by eight States. I say, sir, that, if we present nothing but what is reasonable in the shape of amendments, they will receive us. Union is as necessary for them as for us. Will they then be so unreasonable as not to join us? If such be their disposition, I am happy to know it in time. The honorable member then observed, that nations will expend millions for commercial advantages; that is, they will deprive you of every advantage if they can. Apply this another way. Their cheaper way, instead of laying out millions in making war upon you, will be to corrupt your senators. I know that if they be not above all price, they may make a sacrifice of our commercial interests. They may advise your president to make a treaty that will not only sacrifice all your commercial interests, but throw prostrate your bill of rights. Does he fear that their ships will outnumber With respect o Maryland, what danger fr thence? I know none. I have not heard any hostility premeditated or committed. Ni tenths of the people have not heard of Those who are so happy as to be illumin have not informed their fellow-citizens of it. am so valiant as to say, that no danger come from that source, sufficient to make abandon my republican principles. The h orable gentleman ought to have recollect that there were no tyrants in America, as the are in Europe: the citizens of republican b ders are only terrible to tyrants: instead being dangerous to one another, they mutua support one another's liberties. We might confederated with the adopting States, with ratifying this system. No form of governme renders a people more formidable. A confe racy of States joined together, becomes stro as the United Netherlands. The governm of Holland (execrated as it is) proves that present confederation is adequate to every p pose of human association. There are sev provinces confederated together for a long tir containing numerous opulent cities and ma of the finest ports in the world. The recoll tion of the situation of that country, wo make me execrate monarchy. The singu felicity and success of that people, are unpar leled; freedom has done miracles there in claiming land from the ocean. It is the rich spot on the face of the globe. Have they men or money? Have they no fleets or armi Have they no arts or sciences among the How did they repel the attacks of the great nations in the world? How have they acqui their amazing influence and power? Did th consolidate government, to effect these purpo as we do? No, sir, they have triumphed o every obstacle and difficulty, and have arriv at the summit of political felicity, and of common opulence, by means of a confederac that very government which gentlemen aft to despise. They have, sir, avoided a cons dation as the greatest of evils. They ha lately, it is true, made one advance in that fa progression. This misfortune burst on them iniquity and artifice. That stadtholder, t executive magistrate, contrived it, in conju tion with other European nations. It was the choice of the people. Was it owing to energy that this happened? If two provinces have paid nothing, what have not the rest done? And have not these two provinces made other exertions? Ought they, to avoid this inconvenience, to have consolidated their different States, and have a ten miles square? Compare that little spot, nurtured by liberty, with the fairest country in the world. Does not Holland possess a powerful navy and army, and a full treasury? They did not acquire these by debasing the principles and trampling on the rights of their citizens. Sir, they acquired these by their industry, economy, and by the freedom of their government. Their commerce is the most extensive in Europe; their credit is unequalled; their felicity will be an eternal monument of the blessings of liberty; every nation in Europe is taught by them what they are, and what they ought to be. The contrast between those nations and this happy people, is the most splendid spectacle for republicans, the greatest cause of exultation and triumph to the sons of freedom. While other nations, precipitated by the rage of ambition or folly, have, in the pursuit of the most magnificent projects, riveted the fetters of bondage on themselves and their descendants, these republicans have secured their political happiness and freedom. Where is there a nation to be compared to them? Where is there now, or where was there ever a nation, of so small a territory, and so few in number, so powerful, so wealthy, so happy? What is the cause of this superiority? Liberty, sir, the freedom of their government. Though they are now unhappily in some degree consolidated, yet they have my acclamations, when put in contrast with those millions of their fellow-men who lived and died slaves. The dangers of a consolidation ought to be guarded against in this country. I shall exert my poor talents to ward them off. Dangers are to be apprehended in whatever manner we proceed; but those of a consolidation are the most destructive. Let us leave no expedient untried to secure happiness; but whatever be our decision, I am consoled, if American liberty will remain entire only for half a century; and I trust that mankind in general, and our posterity in particular, will be compensated for every anxiety we now feel. Another gentleman tells us, that no inconvenience will result from the exercise of the power of taxation by the general government; that two shillings out of ten may be saved by the impost; and that four shillings may be paid to the federal collector, and four to the State collector. A change of government will not pay money. If from the probable amount of the impost, you take the enormous and extravagant expenses, which will certainly attend the support of this great consolidated government, I believe you will find no reduction of the public burdens by this new system. The splendid maintenance of the president and of the members of both Houses; and the salaries and fees of the swarm of officers and dependants on the government, will cost this continent immense sums. Double sets of collectors will double the expense. To these are to be added oppressive excisemen and custom-house officers. Sir, the people have an hereditary hatred to customhouse officers. The experience of the mother country leads me to detest them. They have introduced their baneful influence into the administration, and destroyed one of the most beautiful systems that ever the world saw. Our forefathers enjoyed liberty there, while that system was in its purity, but it is now contaminated by influence of every kind. The style of the government (we the people) was introduced, perhaps, to recommend it to the people at large; to those citizens who are to be levelled and degraded to the lowest degree, who are likened to a herd, and who, by the operation of this blessed system, are to be transformed from respectable, independent citizens, to abject, dependent subjects or slaves. The honorable gentleman has anticipated what we are to be reduced to, by degradingly assimilating our citizens to a herd. Here Mr. Randolph rose, and declared that he did not use that word to excite any odium, but merely to convey the idea of a multitude. Mr. Henry replied, that it made a deep impression on his mind, and that he verily believed, that system would operate as he had said. [He then continued]-I will exchange that abominable word for requisitions; requisitions which gentlemen affect to despise, have nothing degrading in them. On this depends our political prosperity. I never will give up that darling word, requisitions; my country may give it up; a majority may wrest it from me, but I will never give it up till my grave. Requisitions are attended with one singular advantage. They are attended by deliberation. They secure to the States the benefit of correcting oppressive errors. If our assembly thought requisitions erroneous, if they thought the demand was too great, they might at least supplicate Congress to reconsider, that it was a little too much. The power of direct taxation was called by the honorable gentleman the soul of the government: another gentleman called it the lungs of the government. We all agree, that it is the most important part of the body politic. If the power of raising money be necessary for the general government, it is no less so for the States. If money be the vitals of Congress, is it not precious for those individuals from whom it is to be taken? Must I give my soul, my lungs, to Congress? Congress must have our souls; the State must have our souls. This is dishonorable and disgraceful. These two coordinate, interfering, unlimited powers of har assing the community, are unexampled-unprecedented in history; they are the visionary projects of modern politicians: tell me not of imaginary means, but of reality: this political solecism will never tend to the benefit of the community. It will be as oppressive in practice as it is absurd in theory. If you part from this, |